News & Analysis as of

Sixth Amendment

Cozen O'Connor

Democratic AGs Support Law Firms Subject to Executive Orders

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A group of 21 Democratic AGs filed amicus briefs in two cases pending in the U.S. District Court for the District of Columbia in support of law firms challenging President Trump’s Executive Orders imposing sanctions against...more

Dorsey & Whitney LLP

The Supreme Court Update - April 7, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more

ArentFox Schiff

Judge Rakoff Challenges Sentencing Guidelines: Upholding the Sixth Amendment

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On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more

Lowenstein Sandler LLP

Judge Rakoff Takes Aim at ‘Trial Penalty’

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On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in...more

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more

Dorsey & Whitney LLP

The Supreme Court Update - June 21, 2024

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The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more

Dorsey & Whitney LLP

The Supreme Court Update - May 30, 2024

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The Supreme Court of the United States issued three decisions today: Cantero v. Bank of America, N.A., No. 22-529: This case addresses the standard for determining when state laws that regulate national banks are...more

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Cadwalader, Wickersham & Taft LLP

Joint Committee on Taxation Cautions Less Is Moore

Earlier in the summer, the Supreme Court announced a new case on its docket for the upcoming term, Moore v. United States, which we discussed here. The case has been set for argument on December 5....more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Conviction and Sentence of Defendant Who Posted Video Urging "Slaughter" of Members of United States...

In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more

Dorsey & Whitney LLP

The Supreme Court Update - September 29, 2023

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Today, the Supreme Court of the United States granted certiorari in 12 cases: Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media...more

Patterson Belknap Webb & Tyler LLP

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2023

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The Supreme Court of the United States issued four decisions today: United States v. Texas, No. 22-58: This administrative law and separation of powers case addressed the ability of states to sue the executive branch...more

Epstein Becker & Green

Arbitration, Confrontation, Immigration, and Conversation on the Court’s Agenda Today – SCOTUS Today

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Of the four cases decided last Friday, the one that likely pertains to the largest number of this blog’s readers is Coinbase, Inc. v. Bielski, a 5-4 opinion delivered by Justice Kavanaugh, who wrote for himself, the Chief...more

Jackson Walker

Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?

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On January 24, 2023, the United States Court of Appeals for the Fifth Circuit will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the...more

Dorsey & Whitney LLP

The Supreme Court Update - December 13, 2022

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Today, the Supreme Court of the United States granted certiorari in three cases: Slack Technologies, LLC v. Pirani, No. 22-200: This case presents an issue of federal securities law. After the messaging software company,...more

Kohrman Jackson & Krantz LLP

Supreme Court Limits Remedy for Violation of Fifth and Sixth Amendment Rights

When the police, acting under the color of law, deprive a person of their civil or constitutional rights, the person generally has two remedies. First, if they are the victim of an unconstitutional search or seizure, a forced...more

Zuckerman Spaeder LLP

The U.S. Supreme Court Rejects Bronx DA’s Attempted End-Run Around Confrontation Clause

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In Hemphill v. New York, the U.S. Supreme Court held that the defendant “did not forfeit his confrontation right merely by making [a] plea allocution arguably relevant to his theory of defense.” The Court rejected the attempt...more

Law School Toolbox

Law School Toolbox Podcast Episode 330: Listen and Learn -- The Sixth Amendment

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Welcome back to the Law School Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act. ...more

Epstein Becker & Green

Supreme Court Sides with ERISA Participants in Fiduciary Suit, Rejects “Opening the Door” Exception to Sixth Amendment’s...

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The pension trustees of Northwestern University, and those elsewhere, will need to take close note of the Court’s unanimous decision (Barrett, J., not participating) in Hughes v. Northwestern University in which the Court...more

Dorsey & Whitney LLP

The Supreme Court - January 20, 2022

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Hemphill v. New York, Nos. 20-637: In this case, Darrell Hemphill successfully challenged his conviction for the murder of a 2-year-old child killed by a stray bullet in 2006, arguing that the State's presentation of the...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Winter 2022

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Defendants Cannot Move for Compassionate Release Based Solely on Post-Sentencing Cooperation- United States v. Claude (October 27, 2021), No. 20-3563- BACKGROUND- Defendant sought compassionate release to reduce his...more

Law School Toolbox

Law School Toolbox Podcast Episode 323: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)

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Welcome back to the Law School Toolbox podcast! Today we're discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment.  In this...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 157: Listen and Learn -- The Sixth Amendment

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Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act. ...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 154: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)

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Welcome back to the Bar Exam Toolbox podcast! Today we're discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment. In this...more

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